Herchak

MEMORANDUM ***

Petitioner Sam Herchak (“Herchak” or “Petitioner”) timely petitions this Court for review of the Department of Labor’s Final Decision and Order dismissing as untimely his appeal from the decision of the Administrative Law Judge (“ALJ”). In addition, he requests that we review and reverse the decision of the ALJ as not supported by substantial evidence. 1 Because we conclude that the Administrative Review Board (“Board”) correctly determined that Herchak did not timely file his Petition For Review of the ALJ’s decision, and there were no extraordinary circumstances justifying equitable tolling of the limitations period, we will affirm the Board’s dismissal of Herchak’s Petition For Review without reviewing the merits of the petition.

This case arises under the employee protection provisions of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (“AIR 21”), 49 U.S.C. § 42121 (a), and the regulations promulgated thereunder, 29 C.F.R. Part 1979. They prohibit an air carrier, or a contractor or subcontractor of an air carrier, from discriminating against or discharging an employee who reports air carrier safety concerns. Herchak, a pilot, filed…